Group Homes Final Say Should Be Given To State

May 15, 1985

THE IDEA THAT state government could override local zoning decisions and the wishes of local residents will not sit easily with many people. But when the Florida House voted to require local communities to allow group homes for the disabled, elderly and mentally ill in residential areas, there was adequate justification.

The precedent for this last-resort intrusion on home rule was set in 1984 when state officials removed from local governments any authority to veto the site of a state prison. The decision was taken reluctantly after years of fruitless negotiations with Dade and other counties.

Ten years ago, state officials compassionately decided to phase out the use of huge institutions such as mental hospitals, nursing homes and reform schools to house those who, with some help in a smaller group home setting, can learn to live more independently and more normally.

Five years ago, the Legislature mandated that local governments amend comprehensive plans to provide sites for group homes somewhere in each community.

Unfortunately, most local governments, pressured by fearful and hostile residents, have refused to comply.

Fed up with the foot-dragging, the full House and the Senate Health and Rehabilitative Services Committee have passed a bill requiring local governments to classify as residential properties any state-licensed and state-supported group homes for up to six residents and two staff members apiece.

Group homes must be 2,400 feet apart. They must be permitted in single-family and multi-family neighborhoods without special permits.

That is a drastic action, but drastic action is called for. With an estimated 50,000 people needing group homes, with one in eight Floridians being disabled or having a disabled relative, there is a need for thousands more group homes than the 1,500 that already exist.

Two important issues need to be stressed:

First, the bill says group homes for the mentally handicapped will only house ``non-dangerous`` people. Those who qualify for involuntary mental examination or commitment, those convicted of a violent felony or a sex crime or found not guilty of such a crime by reason of insanity are not allowed in group homes.

Second, the bill should be amended to require the Department of Health and Rehabilitative Services to hold public hearings of nearby residents before such group homes are located in a residential area.

Hearings can help reduce anxiety of local residents by informing them of the realities of group home living and the kinds of people who will be housed there.

With that amendment, Florida senators should follow the House`s lead and approve this vital piece of legislation.